BILL NUMBER: AB 2161	CHAPTERED  09/19/00

	CHAPTER   519
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 23, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 17, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000

INTRODUCED BY   Assembly Member Vincent

                        FEBRUARY 23, 2000

   An act to amend Section 6924 of the Family Code, and to amend
Section 123115 of the Health and Safety Code, relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2161, Vincent.  Mental health.
   Existing law authorizes a minor who is 12 years of age or older to
consent to mental health treatment or counseling services on an
outpatient basis, or to residential shelter services, under certain
circumstances, where those services are provided by any one of
specified entities, including a marriage, family and child counselor.

   This bill would additionally authorize a marriage and family
therapist registered intern, while working under the supervision of
certain licensed professionals, to provide those services.  The bill
would also make a technical change.
   Existing law authorizes a health care provider who determines that
there is a substantial risk of significant adverse or detrimental
consequences to a patient in seeing or receiving a copy of mental
health records requested by the patient to deny the patient's
request, subject to designated conditions.  One of the conditions is
that the health care provider shall permit inspection by, or provide
copies of the mental health records to, designated health care
providers.
   This bill would revise the list of designated health care
providers to reflect a change in terminology and to add marriage and
family therapist registered interns.  It would also require any
marriage and family therapist registered intern inspecting records to
work under the supervision of certain licensed professionals.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6924 of the Family Code is amended to read:
   6924.  (a) As used in this section:
   (1) "Mental health treatment or counseling services" means the
provision of mental health treatment or counseling on an outpatient
basis by any of the following:
   (A) A governmental agency.
   (B) A person or agency having a contract with a governmental
agency to provide the services.
   (C) An agency that receives funding from community united funds.
   (D) A runaway house or crisis resolution center.
   (E) A professional person, as defined in paragraph (2).
   (2) "Professional person" means any of the following:
   (A) A person designated as a mental health professional in
Sections 622 to 626, inclusive, of Article 8 of Subchapter 3 of
Chapter 1 of Title 9 of the California Code of Regulations.
   (B) A marriage and family therapist as defined in Chapter 13
(commencing with Section 4980) of Division 2 of the Business and
Professions Code.
   (C) A licensed educational psychologist as defined in Article 5
(commencing with Section 4986) of Chapter 13 of Division 2 of the
Business and Professions Code.
   (D) A credentialed school psychologist as described in Section
49424 of the Education Code.
   (E) A clinical psychologist as defined in Section 1316.5 of the
Health and Safety Code.
   (F) The chief administrator of an agency referred to in paragraph
(1) or (3).
   (G) A marriage and family therapist registered intern, as defined
in Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, while working under the supervision of
a licensed professional specified in subdivision (f) of Section
4980.40 of the Business and Professions Code.
   (3) "Residential shelter services" means any of the following:
   (A) The provision of residential and other support services to
minors on a temporary or emergency basis in a facility that services
only minors by a governmental agency, a person or agency having a
contract with a governmental agency to provide these services, an
agency that receives funding from community funds, or a licensed
community care facility or crisis resolution center.
   (B) The provision of other support services on a temporary or
emergency basis by any professional person as defined in paragraph
(2).
   (b) A minor who is 12 years of age or older may consent to mental
health treatment or counseling on an outpatient basis, or to
residential shelter services, if both of the following requirements
are satisfied:
   (1) The minor, in the opinion of the attending professional
person, is mature enough to participate intelligently in the
outpatient services or residential shelter services.
   (2) The minor (A) would present a danger of serious physical or
mental harm to self or to others without the mental health treatment
or counseling or residential shelter services, or (B) is the alleged
victim of incest or child abuse.
   (c) A professional person offering residential shelter services,
whether as an individual or as a representative of an entity
specified in paragraph (3) of subdivision (a), shall make his or her
best efforts to notify the parent or guardian of the provision of
services.
   (d) The mental health treatment or counseling of a minor
authorized by this section shall include involvement of the minor's
parent or guardian unless, in the opinion of the professional person
who is treating or counseling the minor, the involvement would be
inappropriate.  The professional person who is treating or counseling
the minor shall state in the client record whether and when the
person attempted to contact the minor's parent or guardian, and
whether the attempt to contact was successful or unsuccessful, or the
reason why, in the professional person's opinion, it would be
inappropriate to contact the minor's parent or guardian.
   (e) The minor's parents or guardian are not liable for payment for
mental health treatment or counseling services provided pursuant to
this section unless the parent or guardian participates in the mental
health treatment or counseling, and then only for services rendered
with the participation of the parent or guardian.  The minor's
parents or guardian are not liable for payment for any residential
shelter services provided pursuant to this section unless the parent
or guardian consented to the provision of those services.
   (f) This section does not authorize a minor to receive convulsive
therapy or psychosurgery as defined in subdivisions (f) and (g) of
Section 5325 of the Welfare and Institutions Code, or psychotropic
drugs without the consent of the minor's parent or guardian.
  SEC. 2.  Section 123115 of the Health and Safety Code is amended to
read:
   123115.  (a) The representative of a minor shall not be entitled
to inspect or obtain copies of the minor's patient records in either
of the following circumstances:
   (1) With respect to which the minor has a right of inspection
under Section 123110.
   (2) Where the health care provider determines that access to the
patient records requested by the representative would have a
detrimental effect on the provider's professional relationship with
the minor patient or the minor's physical safety or psychological
well-being.  The decision of the health care provider as to whether
or not a minor's records are available for inspection under this
section shall not attach any liability to the provider, unless the
decision is found to be in bad faith.
   (b) When a health care provider determines there is a substantial
risk of significant adverse or detrimental consequences to a patient
in seeing or receiving a copy of mental health records requested by
the patient, the provider may decline to permit inspection or provide
copies of the records to the patient, subject to the following
conditions:
   (1) The health care provider shall make a written record, to be
included with the mental health records requested, noting the date of
the request and explaining the health care provider's reason for
refusing to permit inspection or provide copies of the records,
including a description of the specific adverse or detrimental
consequences to the patient that the provider anticipates would occur
if inspection or copying were permitted.
   (2) The health care provider shall permit inspection by, or
provide copies of the mental health records to, a licensed physician
and surgeon, licensed psychologist, licensed marriage and family
therapist, or licensed clinical social worker, designated by request
of the patient.  Any marriage and family therapist registered intern,
as defined in Chapter 13 (commencing with Section 4980) of Division
2 of the Business and Professions Code, may not inspect the patient's
mental health records or obtain copies thereof, except pursuant to
the direction or supervision of a licensed professional specified in
subdivision (f) of Section 4980.40 of the Business and Professions
Code.  Prior to providing copies of mental health records to a
marriage and family therapist registered intern, a receipt for those
records shall be signed by the supervising licensed professional.
The licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, licensed clinical social worker, or
marriage and family therapist registered intern to whom the records
are provided for inspection or copying shall not permit inspection or
copying by the patient.
   (3) The health care provider shall inform the patient of the
provider's refusal to permit him or her to inspect or obtain copies
of the requested records, and inform the patient of the right to
require the provider to permit inspection by, or provide copies to, a
licensed physician and surgeon, licensed psychologist, licensed
marriage and family therapist, or licensed clinical social worker,
designated by written authorization of the patient.
   (4) The health care provider shall indicate in the mental health
records of the patient whether the request was made under paragraph
(2).
